Father of home-schooled son faces truancy charge

Published: Thursday, December 13, 2012 at 8:09 p.m.

Last Modified: Friday, December 14, 2012 at 4:38 p.m.

PALM COAST — A Palm Coast man whose son didn't show up to attend school is facing a misdemeanor charge.

Andre and Charity Darby say they have been home-schooling their 9-year-old son since 2010. They say they were unaware they weren't following state laws for home-schooled students until Flagler County school district officials sent them a letter earlier this year.

Andre Darby learned in October that he had been charged with refusal or failure to have a minor child attend school regularly. The second-degree misdemeanor carries a maximum penalty of 60 days in jail and a $500 fine. The case is slated to go to trial Dec. 19.

Darby was slated to meet with school officials Thursday to try to resolve the situation and avoid court, but the Darbys couldn't be reached after the meeting. The couple said last week they "feel bullied by the school district" and that the proposed penalty is heavy-handed.

"I would like to see the matter worked out in a sensible way for both parties," Darby said.

Florida requires families to notify their local school district if they intend to home-school their children and their child's academic progress must be evaluated yearly.

If families don't follow these rules, their children may be considered truant. A student who misses 15 or more days of class within 90 calendar days is considered a "habitual truant" and their parents can be prosecuted, but school officials must try to work with families first, according to Florida law.

Charity Darby described her husband, an evangelist, as "a wonderful man of God."

"It's appalling that he could be facing prison time for something like this," she said.

The Darby family's case is unusual but not unheard of. The State Attorney's Office has received 30 truancy complaints and filed charges on 25 of those complaints this year in Flagler County, spokeswoman Klare Ly said. Most are resolved outside of court: The last time someone went to trial on truancy charges was eight years ago. In Volusia, there were 35 complaints, and the state attorney filed charges on 26 of them.

"The vast majority of those cases come to an agreement because our goal is to have the children attend school," Ly said.

Darby also received additional charges of breaking school attendance laws for two older children. He and his wife recently became the legal guardians of two Flagler Palm Coast High School students who racked up more than 18 unexcused absences earlier this year. The girls missed school because of Department of Children & Families proceedings, the Darbys say.

School officials have asked to meet with the Darbys at least a couple of times this year. In late September, Director of Student Services Katrina Townsend sent the Darbys a letter saying they "were granted one final extension to bring in your annual evaluation and portfolio for review," in August and that they had missed a meeting set for Sept. 19.

"If we are not able to verify enrollment on October 1, 2012, I will have to move forward with the truancy process," she wrote in the letter. "Please take care of this today."

Townsend said earlier this week she couldn't comment on the Darby family's case without their written permission, but spoke generally about the school's truancy policies. Parents of children who are enrolled in Flagler's public schools are first called in to speak with the school's counselor if their students tally up more than a handful of unexcused absences in a month or more than 10 in a 90-day period. If that doesn't do the trick, the district's truancy coordinator will try to contact the parents by phone or mail.

Tough measures like criminal charges against the parents are reserved for "chronic truants," according to school district policies.

"The goal of the whole process is to get kids in school and learning so they can be as successful as possible," Townsend said.

Darby's charging documents show that as recently as October, his son was still officially enrolled at Rymfire Elementary but he hasn't attended the school since kindergarten.

"The student and his father (Andre Darby) have been notified by Flagler County School Administrator via mail and phone calls that several meetings had been set for them to come in for counseling; both of them have failed to reply," Townsend said.

The Darbys say they were unable to come into the office during those times.

"In all fairness to them, I know there were a couple of opportunities that we had to sit down with them," Andre Darby said.

Joshua is among more than 2,400 home-schooled students in Volusia and Flagler counties, according to Department of Education data. Statewide, more than 72,000 students are educated at home.

After withdrawing their son from Rymfire, the Darbys sent him to first grade at Palm Harbor Academy, a Palm Coast charter school. The Darbys say both schools were fine but they felt their son needed a more tailored environment.

Charity Darby said she feels she and her husband are "anointed" to serve as role models for young people — their own children and others. On a recent afternoon, the doorbell rang nearly continuously and teenagers traipsed through the Darbys' living room. Andre and Charity Darby have six older children, including the two high school girls who came into their care over the summer. They proudly call their home the "hangout spot" where they mentor young men and women.

"For them to charge him with something like this... " Charity Darby said, her voice trailing off.

"I make a difference," Andre Darby said. "I don't become part of the problem."

<p>PALM COAST &mdash; A Palm Coast man whose son didn't show up to attend school is facing a misdemeanor charge. </p><p>Andre and Charity Darby say they have been home-schooling their 9-year-old son since 2010. They say they were unaware they weren't following state laws for home-schooled students until Flagler County school district officials sent them a letter earlier this year. </p><p>Andre Darby learned in October that he had been charged with refusal or failure to have a minor child attend school regularly. The second-degree misdemeanor carries a maximum penalty of 60 days in jail and a $500 fine. The case is slated to go to trial Dec. 19. </p><p>Darby was slated to meet with school officials Thursday to try to resolve the situation and avoid court, but the Darbys couldn't be reached after the meeting. The couple said last week they "feel bullied by the school district" and that the proposed penalty is heavy-handed. </p><p>"I would like to see the matter worked out in a sensible way for both parties," Darby said. </p><p>Florida requires families to notify their local school district if they intend to home-school their children and their child's academic progress must be evaluated yearly. </p><p>If families don't follow these rules, their children may be considered truant. A student who misses 15 or more days of class within 90 calendar days is considered a "habitual truant" and their parents can be prosecuted, but school officials must try to work with families first, according to Florida law. </p><p>Charity Darby described her husband, an evangelist, as "a wonderful man of God." </p><p>"It's appalling that he could be facing prison time for something like this," she said. </p><p>The Darby family's case is unusual but not unheard of. The State Attorney's Office has received 30 truancy complaints and filed charges on 25 of those complaints this year in Flagler County, spokeswoman Klare Ly said. Most are resolved outside of court: The last time someone went to trial on truancy charges was eight years ago. In Volusia, there were 35 complaints, and the state attorney filed charges on 26 of them.</p><p>"The vast majority of those cases come to an agreement because our goal is to have the children attend school," Ly said.</p><p>Darby also received additional charges of breaking school attendance laws for two older children. He and his wife recently became the legal guardians of two Flagler Palm Coast High School students who racked up more than 18 unexcused absences earlier this year. The girls missed school because of Department of Children & Families proceedings, the Darbys say.</p><p>School officials have asked to meet with the Darbys at least a couple of times this year. In late September, Director of Student Services Katrina Townsend sent the Darbys a letter saying they "were granted one final extension to bring in your annual evaluation and portfolio for review," in August and that they had missed a meeting set for Sept. 19. </p><p>"If we are not able to verify enrollment on October 1, 2012, I will have to move forward with the truancy process," she wrote in the letter. "Please take care of this today." </p><p>Townsend said earlier this week she couldn't comment on the Darby family's case without their written permission, but spoke generally about the school's truancy policies. Parents of children who are enrolled in Flagler's public schools are first called in to speak with the school's counselor if their students tally up more than a handful of unexcused absences in a month or more than 10 in a 90-day period. If that doesn't do the trick, the district's truancy coordinator will try to contact the parents by phone or mail. </p><p>Tough measures like criminal charges against the parents are reserved for "chronic truants," according to school district policies. </p><p>"The goal of the whole process is to get kids in school and learning so they can be as successful as possible," Townsend said. </p><p>Darby's charging documents show that as recently as October, his son was still officially enrolled at Rymfire Elementary but he hasn't attended the school since kindergarten.</p><p>"The student and his father (Andre Darby) have been notified by Flagler County School Administrator via mail and phone calls that several meetings had been set for them to come in for counseling; both of them have failed to reply," Townsend said.</p><p>The Darbys say they were unable to come into the office during those times. </p><p>"In all fairness to them, I know there were a couple of opportunities that we had to sit down with them," Andre Darby said. </p><p>Joshua is among more than 2,400 home-schooled students in Volusia and Flagler counties, according to Department of Education data. Statewide, more than 72,000 students are educated at home. </p><p>After withdrawing their son from Rymfire, the Darbys sent him to first grade at Palm Harbor Academy, a Palm Coast charter school. The Darbys say both schools were fine but they felt their son needed a more tailored environment.</p><p>Charity Darby said she feels she and her husband are "anointed" to serve as role models for young people &mdash; their own children and others. On a recent afternoon, the doorbell rang nearly continuously and teenagers traipsed through the Darbys' living room. Andre and Charity Darby have six older children, including the two high school girls who came into their care over the summer. They proudly call their home the "hangout spot" where they mentor young men and women.</p><p>"For them to charge him with something like this... " Charity Darby said, her voice trailing off.</p><p>"I make a difference," Andre Darby said. "I don't become part of the problem."</p>